Act No. 286

Public Acts of 2010

Approved by the Governor

December 16, 2010

Filed with the Secretary of State

December 16, 2010

EFFECTIVE DATE: December 16, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Reps. Smith, Warren and Kennedy

ENROLLED HOUSE BILL No. 5958

AN ACT to amend 1967 PA 270, entitled “An act to provide for the collection, reporting, and release of certain information or data relating to health care research or education, patient safety, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the collection, reporting, and release of certain information or data; and to safeguard the confidential character of certain information or data,” by amending section 2 (MCL 331.532), as amended by 1993 PA 86.

The People of the State of Michigan enact:

Sec. 2. (1) Except as provided in subsection (2), the release or publication of a record of the proceedings or of the reports, findings, and conclusions of a review entity shall be for 1 or more of the following purposes:

(a) To advance health care research or health care education.

(b) To maintain the standards of the health care professions.

(c) To protect the financial integrity of any governmentally funded program.

(d) To provide evidence relating to the ethics or discipline of a health care provider, entity, or practitioner.

(e) To review the qualifications, competence, and performance of a health care professional with respect to the selection and appointment of the health care professional to the medical staff of a health facility.

(f) To comply with section 20175 of the public health code, 1978 PA 368, MCL 333.20175.

(2) The review entity responsible for mortality and morbidity records, reports, findings, and conclusions regarding prisoners under the jurisdiction of the department of corrections shall release those records, reports, findings, and conclusions to the legislative corrections ombudsman to the extent required under section 5 of 1975 PA 46, MCL 4.355.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5959 of the 95th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor

Compiler's note: House Bill No. 5959, referred to in enacting section 1, was filed with the Secretary of State December 16, 2010, and became 2010 PA 287, Imd. Eff. Dec. 16, 2010.